Agenda and minutes

Minutes of the Committee meeting held on 6 July 2017 (previously circulated).

RESOLVED that the minutes of the meeting held on 6 July 2017 be signed as a correct record.

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

There was no matter raised as a matter of urgency.

Draft minutes of the meeting held on 12 October 2017 (to follow).

The Committee received the draft minutes of the meeting held on 12 October 2017.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/80) and background papers.

(Councillor Twiss attended in accordance with Standing Order 25(2) and spoke to this item in supportof the recommendations.)

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/80) on the outcome of the Definitive Map Review in the Parish of Buckerell in East Devon district which concerned the investigation of whether a public footpath was recorded on the wrong line of a path, shown on older maps crossing a field in the parish, and a claim to add a footpath based on historical evidence.

ItwasMOVED by Councillor Brook, SECONDED by Councillor Colthorpe and

RESOLVED that a Modification Order be not made in respect of Proposal 2 for amending the definitive line of Footpath No. 4 in Buckerell parish, but access be made available to use on the route as recorded; and

It was MOVED by Councillor Brook, SECONDED by Councillor Shaw and

RESOLVED that a Modification Order be not made in respect of Proposal 3 for the claimed addition of a footpath from the road east of Buckerell village and through the Deer Park Hotel grounds to the road near Weston village.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/81) and background papers.

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/81) on the outcome of the Definitive Map Review in the parish of Combe Martin in North Devon district.

It was MOVED by Councillor Brook, SECONDED by Councillor Shaw and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a Restricted Byway between points A-B-C as shown on drawing number HTM/PROW/17/56 (Proposal 17);

It was MOVED by Councillor Brook, SECONDED by Councillor Edgell and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a Footpath between points D-E as shown on drawing number HTM/PROW/17/57 (Proposal 18);

It was MOVED by Councillor Sanders, SECONDED by Councillor Brook and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a Footpath between points F-G-H as shown on drawing number HTM/PROW/17/58 (Proposal 20).

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/82) and background papers.

(Mr French attended under the Council’s Public Participation Scheme and spoke in support of the Modification Order.)

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/82) on an anomaly with regard to the northern spur of Footpath No. 10, Culmstock.

It was MOVED by Councillor Brook, SECONDED by Councillor Shaw and

RESOLVED that a Modification Order be made to add a public footpath between points A-B as shown on plan HIW/PROW/17/014 and that a Modification Order be not made to add a public footpath between points A-C.

Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/83) and background papers.

(Mrs N Hardman attended under the Council’s Public Participation Scheme and spoke against the Modification Order.)

The Committee received the Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/17/83) on the outcome of the Definitive Map Review in East Down.

It was MOVED by Councillor Sanders, SECONDED by Councillor Shaw and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding to them a restricted byway between points E-F-G-X-H-I-J between Princes Gate and Shortacombe, and to upgrade part of East Down Footpath No. 20 between points J-K between Shortacombe and Shortacombe Corner to restricted byway as shown on drawing no. HIW/PROW/16/40a.

Report of the Chief Officer for Highwayws, Infrastructure Development and Waste (HIW/17/84) and background papers.

(Councillor Long, on behalf of Salcombe Town Council, the applicant, attended under the Council’s Public Participation Scheme and spoke in support of the Modification Order and Mr P Frampton, on behalf of Messrs Smith, attended and spoke against the Modification Order.)

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/84) and background papers available prior to and at the meeting examining a Schedule 14 Application made in February 2017 for the addition of a public footpath from Shadycombe Road to Gould Road, Batson Creek in the Parish of Salcombe.

It was MOVED by Councillor Shaw, SECONDED by Councillor Colthorpe and

RESOLVED that a Modification Order be made to modify the Definitive Map and Statement by adding a public footpath between points A-D-E-F and B-C as shown on drawing number HIW/PROW/17/55.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/85).

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/85) on decisions and directions received from the Secretary of State, namely:-

Modification Orders

(a) Schedule 14 Application to add a footpath connecting with Northam Footpath No. 26 at either end of Kipling Tors, Westward Ho! – the Council were directed to determine the application within three years of the decision date of 6 September 2017; and

(b) Footpath Nos. 16, 17, 18, 19 and 20, Combe Raleigh and No. 5 Awliscombe, Definitive Map Modification Order 2016 – Interim decision 26 October 2017: the Order was proposed for confirmation in connection with Combe Raleigh Footpath No. 20. The decision was subject to modifications which required re-advertisement in due course.

Report of the Chief Officer for Highways, Infrastructure and Waste (HIW/86).

The Committee received the Report of the Chief Officer for Highways, Infrastructure Development and Waste (HIW/17/86) of Public Path Orders made and confirmed under delegated powers, namely:-

(a)   Diversion Orders

(i)    Footpath No.61,HartlandPublicPathDiversion& DefinitiveMap andStatementModification Order 2017

(i)     FootpathNo.14,ClayhidonPublicPathDiversion& DefinitiveMap andStatementModification Order 2016

(ii)    FootpathNo.55,BereFerrersPublicPathDiversion& DefinitiveMap andStatementModification Order 2017

(iii)   FootpathNo.53,Horwood,Lovacott& NewtonTraceyPublicPathDiversion& Definitive Map and StatementModification Order 2017

(iv)   BridlewayNo.66,UplymePublicPathDiversion& DefinitiveMap andStatementModification Order 2016

(v)    FootpathNo.2,Milton AbbotPublicPathDiversion& DefinitiveMap andStatementModification Order 2017

(b)   ExtinguishmentOrders

(i)     FootpathNo. 63, Broadclyst(Part) PublicPath Extinguishment Order 2017

(ii)    FootpathNos.42,43,46& 50,IlfracombePublicPathExtinguishment& DefinitiveMap and Statement Modification Order 2016

(c)   Creation Orders/Agreements

(i)    Footpath Nos. 63, Broadclyst & No. 1, Clyst Honiton PublicPath Creation Order 2017

(i)     Footpath Nos. 42, 43, 46 & 50, IlfracombePublicPath Creation & Definitive Map andStatementModification Order 2016